AoS or CR1/IR1 visa?

[kelly09 1]

Hi guys, 

 

I need an advice. I am visiting my boyfriend in the US who is a US citizen. I am on my B1/B2 visa, and I am on a vacation from my work. I was planning to go back to my country after 2 weeks, but this time we decided to marry. We have read about the AoS based on marriage, but we also know there is a CR1/IR1 visa option for married couples. 

 

So we don't know which one to do - I stay here and we do AoS? Or we get married here, and I go back to my country and we start the IR1 visa process?

 

Which option would be better??

 

Thanks for your help!

 

[Crazy Cat 41,894]

Your decision.  If you Apply to Adjust Status, you won't be able to leave the US or work in any way for up to 6 or 8 months.....that is assuming you apply for an EAD and Advance Parole.  In addition, the cost to adjust status is significantly more than a spousal visa.  Can you afford to just abandon everything in your home country on such short notice?  Good luck on your decision and your immigration journey.

 

A CR-1 would allow you to enter the US in about 18 months with a Green Card.  You would immediately be able to work and/or travel outside the US.  You can visit during the process.

 

In what country do you reside?

Edited May 7 by Crazy Cat

[kelly09 1]

@Crazy Cat I am actually able to leave my work from here (while I am here), that won't be a problem. But I am more worried regarding the risks...  In terms of risks, is AoS more risky to do than the spousal visa?  Can AoS be denied? If yes, what can cause it a denial, and what would be the consequences?

Edited May 7 by kelly09

[Crazy Cat 41,894]

17 minutes ago, kelly09 said:

@Crazy Cat I am actually able to leave my work in my country, that won't be a problem. But I am more worried regarding the risks...  In terms of risks, is AoS more risky to do than the spousal visa? Can AoS be denied? If yes, what can cause it a denial, and what would be the consequences?

I'm not sure what risk you are talking about.  You have already seen that there are many cases of people adjusting status here on Visa Journey....some from K-1 visas and others from work, student , or tourist visas. 

 

The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  Failure in any of those areas can cause delays or serious issues.

Edited May 7 by Crazy Cat

[appleblossom 2,562]

1 hour ago, kelly09 said:

@Crazy Cat I am actually able to leave my work from here (while I am here), that won't be a problem. 

 

Same timeline still applies for that - remote work isn't permitted either, until you have the EAD in hand. Working illegally may be forgiven as the spouse of a USC, but it's not a risk I'd take when applying for AOS personally. 

[Crazy Cat 41,894]

1 hour ago, kelly09 said:

I am actually able to leave my work from here (while I am here)

You can't work in any way (including remotely) while inside the US until you have authorization. Infact, it is a violation of a B2 visa to do so. 

BTW, the guides here on VJ are pretty good>

 

 

Edited May 7 by Crazy Cat

[kelly09 1]

No I didn't mean that I was working here while I am here. I took a vacation from my work in my country and am here on a vacation only. What I meant was that it won't be a problem for me to let my work know from here that I want to quit after my vacation is over. 

Edited May 7 by kelly09

[kelly09 1]

Thanks for your help!!

 

 

[Cw1977 103]

8 hours ago, kelly09 said:

Hi guys, 

 

I need an advice. I am visiting my boyfriend in the US who is a US citizen. I am on my B1/B2 visa, and I am on a vacation from my work. I was planning to go back to my country after 2 weeks, but this time we decided to marry. We have read about the AoS based on marriage, but we also know there is a CR1/IR1 visa option for married couples. 

 

So we don't know which one to do - I stay here and we do AoS? Or we get married here, and I go back to my country and we start the IR1 visa process?

 

Which option would be better??

 

Thanks for your help!

 

do you not have an apartment to give notice on? A house to sell? Possessions in your home country? A car? Etc etc

 

if you AOS you potentially won’t be able to leave the US for almost a year! What happens to all those things?

[Daphne . 1,868]

Which option is ‘better’ is a personal choice. I wouldn’t want to be stuck in the US without being able to work or leave for a while. Not being able to financially support myself would not work for me, I wouldn’t be okay with that. Never understand how people manage to leave for a visit, yet still manage to just stay. What do you do with your rent/job, etc.? 
 

This is why I got married in the US but chose the CR1. 

[PGA 240]

Get married, in the US or your country....then do the CR1....trust me...based on my experience, it's a much better option!

[IRVDUNKED23 3]

I will share my story and you get use whatever part of it to help you make your decision. My wife came to US on B2 on 08/2023, I proposed a week later. We were married 12/2023, filed concurrently on 1/30/2024. She received EAD on 3/2024 and received approval of conditional green card in 04/2024. Hope that helps, Good Luck 👍🏾 

[kelly09 1]

@PGA, why is CR1 a better choice?

[kelly09 1]

I don't rent an apartment, I am an owner of an apartment in my country. The only thing that I need to abandon in my country would be my job.

[nastra30 2,287]

1 hour ago, kelly09 said:

I don't rent an apartment, I am an owner of an apartment in my country. The only thing that I need to abandon in my country would be my job.

Adjust away, now that you know the pros and cons of doing so and are OK doing so. Good luck.